Kansas Manslaughter Laws: Voluntary, Involuntary and DUI Deaths

Kansas has two manslaughter offenses: voluntary manslaughter under K.S.A. 21-5404, "knowingly killing a human being" upon a sudden quarrel or in the heat of passion (or upon an unreasonable but honest belief that deadly force was justified), and involuntary manslaughter under 21-5405, an unintended killing done recklessly or during certain unlawful acts, including DUI. Both are person felonies, voluntary manslaughter at severity level 3 and basic involuntary manslaughter at severity level 5, while vehicular homicide (21-5406) is a class A person misdemeanor.

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Kansas statutes on homicide below murder: voluntary manslaughter (K.S.A. 21-5404), involuntary manslaughter (21-5405), vehicular homicide (21-5406), the unborn-child rule (21-5419), the sentencing provisions that apply to them, and traffic statutes that grade a resulting death. It does not cover murder or capital murder sentencing (see how long a life sentence is in Kansas and our overview of murder sentencing guidelines), self-defense (see Kansas self-defense laws), civil lawsuits by surviving family (see Kansas wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Kansas?

Kansas uses the familiar labels voluntary and involuntary manslaughter, and the difference between them is the mental state. Voluntary manslaughter is a knowing killing reduced by circumstances; involuntary manslaughter is a killing the person did not intend.

The homicide article of Chapter 21 runs from murder down to vehicular homicide. The offenses below murder include:

• Voluntary manslaughter (21-5404): a knowing killing upon a sudden quarrel or in the heat of passion, or upon an honest but unreasonable belief in the need for deadly force.
• Involuntary manslaughter (21-5405): a reckless killing, a killing during certain life-safety felonies or misdemeanors or during a lawful act done unlawfully, and the DUI killing forms.
• Vehicular homicide (21-5406): a killing by operating a motor vehicle with a material deviation from reasonable care.

Above involuntary manslaughter sits second-degree murder, which includes a killing committed "unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life," a severity level 2 person felony (K.S.A. 21-5403(a)(2), (b)(2)).

Kansas manslaughter and homicide offenses at a glance

Kansas ranks felonies by severity level, and severity level 1 is the most serious. The ranges in the table come from the sentencing guidelines grid for nondrug crimes in K.S.A. 21-6804, published by the Kansas Revisor of Statutes; each figure is the span from the lowest number in the no-criminal-history column (category I) to the highest number in the most serious criminal-history column (category A). Under 21-6804(b) and (d), the grid's numbers "represent months of imprisonment" and define "presumptive punishments for felony convictions, subject to the sentencing court's discretion to enter a departure sentence." When the court departs upward in setting the prison term, the departure term may not total more than double the maximum duration of the presumptive term (K.S.A. 21-6818(b)(2)). Fine ceilings come from 21-6611: up to $300,000 for severity levels 1 through 5, up to $100,000 for levels 6 through 10, and up to $2,500 for a class A misdemeanor. For more on how the state grades crimes, see Kansas felony and misdemeanor classes.

Voluntary manslaughter: heat of passion and imperfect self-defense

The statute reads in full:

"(a) Voluntary manslaughter is knowingly killing a human being committed: (1) Upon a sudden quarrel or in the heat of passion; or (2) upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto. (b) Voluntary manslaughter is a severity level 3, person felony." K.S.A. 21-5404

Subsection (a)(2) puts what is often called imperfect self-defense into the statute: an honest belief in the need for deadly force, if the belief was unreasonable, does not justify the killing but makes it voluntary manslaughter rather than murder. The three sections it names govern when deadly force is justified; our page on Kansas self-defense laws covers them.

Section 21-5404 does not define sudden quarrel or heat of passion, and it contains no provision on gay or trans panic claims. It has not been amended since 2011 (L. 2011, ch. 30).

Involuntary manslaughter: reckless and unlawful-act killings

Involuntary manslaughter has five forms. Section 21-5405(a) defines it as the killing of a human being committed:

"(1) Recklessly; (2) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-5402, and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and 8-1568 (a), and amendments thereto, but excluding the acts described in K.S.A. 8-1567, and amendments thereto; (3) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto; (4) during the commission of a lawful act in an unlawful manner; or (5) in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567, and amendments thereto, while: (A) In violation of any restriction imposed on such person's driving privileges pursuant to article 10 of chapter 8 ...; (B) such person's driving privileges are suspended or revoked pursuant to article 10 of chapter 8 ...; or (C) such person has been deemed a habitual violator as defined in K.S.A. 8-285 ..."

Subsection (b) grades them: forms (1), (2) and (4) are severity level 5 person felonies, "severity level 3, person felony, if the victim is under the age of six years"; form (3) is severity level 4; and form (5) is severity level 3. Section 8-1566 is the reckless driving statute and 8-1568(a) is part of the fleeing-or-eluding statute, so a death during either can be involuntary manslaughter under form (2).

Recklessness is the lowest mental state

K.S.A. 21-5202 recognizes three culpable mental states, from highest to lowest: intentionally, knowingly and recklessly. It defines the third this way:

"(j) A person acts 'recklessly' or is 'reckless,' when such person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation."

The code has no criminal negligence mental state, and Kansas has no offense called criminally negligent homicide. The one homicide offense below recklessness is vehicular homicide, which has its own standard.

Vehicular homicide and DUI deaths in Kansas

Kansas law handles vehicle deaths at three levels, and the labels can mislead: what Kansas calls vehicular homicide is the lowest of them.

DUI deaths are involuntary manslaughter

A killing "in the commission of, or attempt to commit, or flight from an act described in K.S.A. 8-1567" (the driving-under-the-influence statute) is involuntary manslaughter, a severity level 4 person felony (21-5405(a)(3), (b)(2)). It rises to severity level 3 under 21-5405(a)(5) and (b)(3) when the driver, at the time, was violating a restriction on driving privileges imposed under article 10 of chapter 8, had driving privileges suspended or revoked under that article, or had been deemed a habitual violator under 8-285. A person becomes a habitual violator under 8-285(a) after three or more convictions of listed offenses, which include vehicular homicide. Section 21-5405 sets no separate mandatory minimum. For DUI penalties when no one is killed, see Kansas DUI laws.

Reckless driving deaths

A reckless killing by a driver is involuntary manslaughter under 21-5405(a)(1), and a killing during reckless driving under 8-1566 fits form (a)(2); both are severity level 5 person felonies. Reckless driving itself is a misdemeanor; on a first conviction it carries "not less than five days nor more than 90 days imprisonment" or a fine of $25 to $500, or both (K.S.A. 8-1566(b)).

Vehicular homicide: the misdemeanor tier

"(a) Vehicular homicide is the killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances. (b) Vehicular homicide is a class A person misdemeanor." K.S.A. 21-5406

Subsection (c) defines material deviation as conduct amounting to more than simple or ordinary negligence but not to gross negligence. A class A misdemeanor carries "a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year" (21-6602(a)(1)) and a fine of up to $2,500 (21-6611(b)(1)). The statute's words reach airplanes and motor boats as well as cars. Operating a vessel under the influence is a separate offense under K.S.A. 32-1131.

License revocation

K.S.A. 8-254(a) requires revocation of driving privileges on conviction of offenses including involuntary manslaughter under 21-5405(a)(2) committed while violating the reckless driving statute (8-1566) or 8-1568(a), "vehicular homicide, as defined in K.S.A. 21-5406," and "failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another." Under 8-254(b), the convicting court may instead place restrictions on driving privileges under 8-292, unless the violation was committed while operating a commercial motor vehicle.

Leaving the scene, fleeing police, racing and suspended drivers

• Leaving the scene: under K.S.A. 8-1602(b), "The death of any person is a severity level 6, person felony"; it is severity level 4 "if the driver knew or reasonably should have known that such accident resulted in injury or death," and "The death of more than one person, if the driver knew or reasonably should have known that such accident resulted in injury or death, is a severity level 3, person felony." The director may also revoke the license (8-1602(c)). L. 2024, ch. 51 amended 8-1602 effective July 1, 2024; an offense before that date was sentenced under the earlier version. See Kansas hit-and-run laws.
• Fleeing or eluding police: K.S.A. 8-1568 has no death tier. Its aggravated forms are severity level 9 and severity level 7 person felonies. A death during an attempt to elude can fall under involuntary manslaughter form (a)(2), which names 8-1568(a).
• Racing: racing on highways is a misdemeanor with no death tier (K.S.A. 8-1565(d)).
• Driving while suspended or revoked: a class B nonperson misdemeanor on a first conviction and class A on a second or later one (K.S.A. 8-262(a)(1)), with no death tier; suspended or revoked privileges are what raise a DUI death to severity level 3 under 21-5405(a)(5).

Unborn victims

Kansas applies its regular homicide statutes to an unborn victim. K.S.A. 21-5419(c) provides: "As used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and subsections (a) and (b) of 21-5413, and amendments thereto, 'person' and 'human being' also mean an unborn child." The manslaughter and vehicular homicide statutes therefore apply when the victim is an unborn child. Other subsections of 21-5419 limit when the rule applies; the full text of 21-5419 sets them out.

Other offenses graded by a resulting death

• Assisting suicide: K.S.A. 21-5407; a separate offense, not manslaughter; severity level 3 person felony under subsection (a)(1) and severity level 9 person felony under (a)(2).
• Hazing: K.S.A. 21-5418; class B nonperson misdemeanor, with no death tier.

A killing in the commission of an inherently dangerous felony, a list that includes any felony offense under 21-5703, 21-5705 or 21-5706, is first-degree murder, an off-grid person felony (K.S.A. 21-5402(a)(2), (b), (c)(1)(N)); see murder laws in the United States.

Sentencing rules that apply to manslaughter

Postrelease supervision, not parole. Under K.S.A. 22-3717(d)(1), persons sentenced for crimes other than off-grid crimes committed on or after July 1, 1993 "will not be eligible for parole, but will be released to a mandatory period of postrelease supervision upon completion of the prison portion of their sentence": 36 months for nondrug severity levels 1 through 4 and 24 months for levels 5 and 6.

Border boxes. Under 21-6804, "If an offense is classified in grid blocks 5-H, 5-I or 6-G, the court may impose an optional nonprison sentence." Severity level 5 involuntary manslaughter with a criminal history in category H or I falls in a border box.

Probation length. For nondrug felonies committed on or after July 1, 1993, "the recommended duration of probation is: (A) 36 months for crimes in crime severity levels 1 through 5" (K.S.A. 21-6608(c)(1)(A)). In misdemeanor cases, including vehicular homicide, probation "shall not exceed two years," subject to renewal for additional two-year periods (21-6608(a)).

Offender registration. A person convicted of voluntary manslaughter, or of involuntary manslaughter under 21-5405(a)(1), (a)(2) or (a)(4), is a violent offender under the Kansas Offender Registration Act (K.S.A. 22-4902(e)(1)(D)-(E)) and must register for 15 years after parole, discharge or release, or 15 years from conviction if not confined (22-4906(a)(1)); a second or subsequent registrable conviction makes registration lifelong (22-4906(c)). The DUI form under 21-5405(a)(3) is not on that list.

Recent changes

• L. 2024, ch. 51, effective July 1, 2024: amended the leaving-the-scene statute, 8-1602, which now carries the severity level 6, 4 and 3 death tiers described above.
• L. 2018, ch. 7 and L. 2019, ch. 59: the most recent amendments to the involuntary manslaughter statute, 21-5405.
• 2025 and 2026 sessions: several acts amended the sentencing grid statute, 21-6804; the 2026 acts took effect July 1, 2026.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Kansas felony and misdemeanor classes
• Kansas DUI laws
• Kansas hit-and-run laws
• Kansas self-defense laws
• The difference between murder, homicide and manslaughter
• Colorado manslaughter laws

This article provides general legal information about Kansas law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Kansas.

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Kansas?

Yes. Voluntary manslaughter (K.S.A. 21-5404) is a severity level 3 person felony, and every form of involuntary manslaughter (21-5405) is a severity level 3, 4 or 5 person felony. Vehicular homicide (21-5406) is the exception: a class A person misdemeanor.

How much time do you get for manslaughter in Kansas?

It depends on the severity level and the person's criminal history on the nondrug grid in 21-6804. On that grid, severity level 3 (voluntary manslaughter) runs from 55 months for a person with no criminal history to 247 months at the highest criminal-history category, and severity level 5 (basic involuntary manslaughter) runs from 31 to 136 months. The court may depart from the grid in some cases, but an upward durational departure may not total more than double the maximum of the presumptive term (21-6818(b)(2)).

What is the difference between voluntary and involuntary manslaughter in Kansas?

Voluntary manslaughter is a knowing killing upon a sudden quarrel or in the heat of passion, or upon an unreasonable but honest belief that deadly force was justified (21-5404). Involuntary manslaughter is an unintended killing done recklessly or during certain unlawful acts, including DUI (21-5405).

What is the charge for a DUI death in Kansas?

Involuntary manslaughter under 21-5405(a)(3), a severity level 4 person felony, for a killing in the commission of, attempt to commit, or flight from an act described in 8-1567. It is severity level 3 under 21-5405(a)(5) if the driver was violating a driving restriction, had suspended or revoked driving privileges, or had been deemed a habitual violator.

What is vehicular homicide in Kansas?

Under 21-5406, it is killing a human being by operating an automobile, airplane, motor boat or other motor vehicle in a manner that creates an unreasonable risk of injury and is a material deviation from the standard of care a reasonable person would observe. It is a class A person misdemeanor, up to one year in jail and a fine of up to $2,500.

Is imperfect self-defense voluntary manslaughter in Kansas?

Yes, by statute. 21-5404(a)(2) makes a knowing killing voluntary manslaughter when it is committed upon an unreasonable but honest belief that circumstances existed that justified use of deadly force under 21-5222, 21-5223 or 21-5225.

Does Kansas ban the gay or trans panic defense?

No Kansas statute does. The voluntary manslaughter statute, 21-5404, contains no such provision and has not been amended since 2011.

Is there parole for manslaughter in Kansas?

Not for crimes committed on or after July 1, 1993 that are not off-grid. Under 22-3717(d)(1), those persons are not eligible for parole and instead serve a mandatory period of postrelease supervision after the prison portion: 36 months for severity levels 1 through 4 and 24 months for severity levels 5 and 6.